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Home My WebLink Aboutbocc.con.336.2015 CONTRACT# - /1t - goRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN REGARDING THE NORDIC PROGRAM OPERATIONAL FUNDING AND MANAGEMENT RESOLUTION NO.®Tq. -2015 1. WHEREAS, There currently exists approximately 90 km of public nordic skiing trails (Nordic Program) operated by staff at the City of Aspen(City)under the direction of Pitkin County Open Space and Trails and the Aspen Snowmass Nordic Council (ASNC), and 2''. WHEREAS, in 1990 the Pitkin County Open Space and Trails Program(POST) was created and.most recently reauthorized in 2006,with new authority, effective January 1, 2007, added to the Pitkin County Home Rule Charter to provide funding for the Nordic Program, and 3. WHEREAS,the County, City and Town of Snowmass Village had previously • entered into an Intergovernmental Agreement(IGA),which is now obsolete given the-voter's 2006 authorization of Nordic funding by and through the Pitkin County Open Space and Trails program, and 4. WHEREAS,the City has provided the staffing, some equipment and management for the Nordic Program ever since the afore mentioned pre-existing IGA, and 5. WHEREAS,Pitkin County desires to continue relying on the City to provide staffing, general management, and equipment for the Nordic Program while relying on POST for the primary funding of the program, and 6. WHEREAS,the Board of County Commissioners finds that it is in the best interest of the citizens of Pitkin County to enter ino this Agreement, and 7. WHEREAS,the parties desire that this Agreement supersedes all prior agreements regarding Nordic funding. NOW,THEREFORE,BE IT RESOLVED,that the Board of County Commissioners of Pitkin County, Colorado approves in substantially the form as attached hereto (`Exhibit • A')the Intergovermental Agreement with the City of Aspen, Colorado regarding the Nordic Program operational funding and management. INTRODUCED, FIRST READ ON THE 18TH DAY OF NOVEMBER 2015 AND SET FOR PUBLIC HEARING ON THE 2ND DAY OF DECEMBER 2015. Resolution n gf -2015 Page 1 of 5 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMA Y OFTHE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON U/ /e, 7q, 2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL 1 TKIN COUNTY WEBSITE(www.pitkincounty.com) ON THE /0- DAY OF D/G(/ - v 2015. ADOP 1 D FTER FINAL READING AND PUBLIC HEARING ON THE o DAY OF e,e4u,6 r 2015. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY D` /- i9..eC..e m--.l7€r /0j a,0/6- POSTED 1POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COY WEBSITE(www.pitkincounty.com) ON THE ?-`-'e DAY OF l,,Le.6--e r-be r 2015. AT, ES 1 : BOARD OF COUNTY COMMISSIONERS f , J BY fI jag! BY: ft ,ti 1-7 ra,j4 Jea o tte Jones J Steven F. Child, Chair De futy County Cle Date: (2/6 ( c/? j APPRO3ED AS-TO-FGRICP.—-- MANAGER APPROVAL ,--IP _ /011.. Aiw_ —. ,,.._ _ JI Ta,,`'%AttI �,;, Jon P-acock, County Manager r,a - _ -,w.-.1 lir f 1'Sr O Open Space and Trails Resolution ,m 7 -2015 Page2of5 Exhibit A to Resolution CONTRACT#3 g6 016 INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY AND THE CITY OF ASPEN REGARDING THE NORDIC PROGRAM OPERATIONAL FUNDING AND MANAGEMENT THISTERGO RNMENTAL AGREEMENT(the"Agreement") is made this %y day of Veeeridtr2015 by and between the Board of County Commissioners of Pitkin County Colorado,whose address is 530 East Main St.,Aspen Colorado 81611 (the "County"), and the City of Aspen, whose address is 130 South Galena Avenue,Aspen, Colorado 81611 (the"City), RECITALS There currently exists approximately 90 km of public nordic skiing trails ("Nordic Program") operated by staff at the City of Aspen under the direction of Pitkin County Open Space and Trails and the Aspen Snowmass Nordic Council (ASNC), and The Pitkin County Open Space and Trails Program ("POST")was created in 1990, and was most recently reauthorized in 2006,with new authority, effective January 1, 2007, added to the Pitkin County Home Rule Charter to provide funding for the Nordic Program, and The County, City and Town of Snowmass Village had previously entered into an IGA, which is now obsolete given the voter's 2006 authorization of Nordic funding by and through the Pitkin County Open Space and Trails program, and The City has provided the staffing, some equipment and management for the Nordic Program ever since the afore mentioned pre-existing IGA, and Pitkin County desires to continue relying on the City to provide staffing, general management, and equipment for the Nordic Program while relying on POST for the primary funding of the program, and The parties desire that this Agreement supersedes all prior agreements regarding Nordic funding. AGREEMENT NOW, THEREFORE, for in consideration of the mutual promises and agreements of the parties and other good and valuable consideration,the adequacy of which is hereby acknowledged,the parties agree as follows: 1. Both parties have the ability to cancel this agreement with 60 days of notice and that all financial obligations are subject to annual appropriations. 2. The City of Aspen Parks and Open Space Department shall provide the primary staffing and support needed for the day to day operation and maintenance of the Resolution 1/ ��- 015 Page 3 of 5 Nordic Program,provided that the County, by the mutual agreement of the parties, provides additional labor to support the Nordic Program as needed. 3. The County shall remit payment to the City according to a payment schedule mutually agreed by the parties. 4. The proposed annual Nordic Program budget shall be prepared in consultation with the ASNC and the Pitkin County Open Space and Trails Board. Staff shall have the responsibility of presenting the budget to the Nordic Council, Open Space and Trails Board, and Board of County Commissioners in accordance with the applicable annual County budget protocols. 5. The parties acknowledge that needs may arise for the maintenance of capital equipment that could not be anticipated in the annual budget, due to unforeseen failure of equipment, bridges, or other infrastructure that was purchased through this agreement or prior agreements. Should the need for such unforeseen expenditures arise,the responsible City staff shall immediately notify the County. The parties agree to work cooperatively and promptly in this circumstance to make necessary funding available to keep the Nordic Program operating while budget revisions are processed in accordance with the applicable budget protocols. 6. The City and County agree that the County shall accept title to all snowcats purchased in accordance with this Agreement. The County agrees to provide said equipment to the City in order to develop, groom, and maintain the Nordic Trail System and for related uses for and on behalf of the City and the County. The City shall maintain all equipment leased or purchased for the Nordic Program to acceptable and reasonable standards. 7. The City and County recognize that there are mutual benefits to the acquisition of certain shared vehicles, and that when appropriate, snowmobiles,trucks, cars, trailers, and tractors may be purchased through a cost share agreement as defined in the budget process previously described in section 2. In these cases,the City or the County may take title depending on the predominant user of the vehicle. If this agreement is terminated all shared equipment will be prorated and the title owner of the shared equipment will reimburse the other party. The foregoing Agreement is approved by the Board of County Commis ioners of Pitkin County, Colorado at its regular meeting held on the day oflCaPi' e Y, 2015. The foregoing Agreement is approve by the Aspen City Council at its regular meeting held on the /If °- day of ..ee_emitZ 2015. Signatures on the following page:. Resolutior Oq' -2015 Page 4 of 5 In witness whereof the parties hereto have caused this agreement to be executed as of the day and year first written. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY: ST:1/ BOARD OF COUNTY COMMISSIONERS //i. %% I By: c� E---7 £&(J Jea ;tte Jones f Steven F. Child, Chair De. ty County Cler Date: (2-/ 6/)__1( f5 APPROVED AS TO FORM: MANAGER APP t I • J on Pe:-ock, County Manager 14111, 7 Dale I ill, Dirlctor Open Space and Trails ATTEST ASPEN CITY COUNCIL By: -e 4/7 4t By: 56,e_ 4a 0 e City of Aspen Clerk Steve Skadron,Mayor C Date: APPROVED AS TO FORM MANAGER APPROVAL Jeff Woods, City of-AsiSdn Parks and Steve Barwick, City Manag r Recreation Manager Jim True, City of Asperet1ey Resolution C -2015 In witness whereof the parties hereto have caused this agreement to be executed as of the day and year first written. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY: i/ ST: BOARD OF COUNTY COMMISSIONERS ii, ii By: h l FT add . Jea ;tte Jones i Steven F. Child, Chair Des ty County Cler Date: l ZI a),..0 IS-- APPROVED SAPPROVED AS TO FORM: MANAGER APP: I! ' L Ad Jo n El :1 417, -y on Pe:mock,County Manager Slif ,i•ik Dale ill,DirIctor / Open Space and Trails. • ATTEST ASPS ITY.,,1? CI J � £ __..a..�By/I_t/ t'k /Lt' IL. • By: . City of Aspen Clerk Steve Skadro,Mays Date: APPROVED AS TO FORM MANAGER APPROVAL k,f lidgik OF � / Jeffis,City of Aspen Parks and Steve Barwick, City Manager Recreation Manager jea.---- A.4-:—.4%--- Ain-True,City of Aspen Attorney { 089-2015 Resolution. .. -2015 Exhibit A to Resolution INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY AND THE CITY OF ASPEN REGARDING THE NORDIC PROGRAM OPERATIONAL FUNDING AND MANAGEMENT THIS TERGO ERNMENTAL AGREEMENT(the"Agreement")is made this 1� day of, z Cu,2015 by and between the Board of County Commissioners of Pitkin County Colorado,whose address is 530 East Main St.,Aspen Colorado 81611 (the "County"), and the City of Aspen,whose address is 130 South Galena Avenue,Aspen, Colorado 81611 (the"City), RECITALS There currently exists approximately:90 km of public nordic skiing trails("Nordic Program")operated by staff at the City of Aspen under the direction of Pitkin County Open Space and Trails and the Aspen Snowmass Nordic Council (ASNC), and The Pitkin County Open Space and Trails Program("POST")was created in 1990,and was most recently reauthorized in 2006,with new authority,effective January 1,2007, added to the Pitkin County Home Rule Charter to provide funding for the Nordic Program,and The County,City and Town of Snowmass Village had previously entered into an IGA, which is now obsolete given the voter's 2006 authorization of Nordic funding by and --- - ------- through the Pitkin County-Open SpaceandTrails-program,-and - — — -- The City has provided the staffing,some equipment and management for the Nordic Program ever since the afore mentioned pre-existing IGA,and Pitkin County desires to continue relying on the City to provide staffing,general management,and equipment for the Nordic Program while relying on.POST for the primary funding of the program,and The parties desire that this Agreement supersedes all prior agreements regarding Nordic funding. . AGREEMENT NOW,THEREFORE,for in consideration of the mutual promises and agreements of the parties and other good and valuable consideration,the adequacy of which is hereby acknowledged,the parties,agree as follows: 1: Both parties have the ability to cancel this agreement with 60 days of notice and that all financial obligations are subject to annual appropriations. 2. The City of Aspen Parks and Open Space Department shall provide the primary staffing and support needed for the day to day operation and maintenance of the 089-2015 Resolution t -2015 Page,3 of 5 Nordic Program,provided that the County, by the mutual agreement of the parties, provides additional labor to support the Nordic Program as needed. 3. The County shall remit payment to the City according to a payment schedule mutually agreed by the parties. 4. The proposed annual Nordic Program budget shall be prepared in consultation with the ASNC and the Pitkin County Open Space and Trails Board. Staff shall have the responsibility of presenting the budget to the Nordic Council,Open Space and Trails Board,and Board of County Commissioners in accordance with the applicable annual County budget protocols. 5. The parties acknowledge that needs may arise for the maintenance of capital equipment that could not be anticipated in the annual budget,due to unforeseen failure of equipment,bridges,or other infrastructure that was purchased through this agreement or prior agreements. Should the need for such unforeseen expenditures arise,the responsible City staff shall immediately notify the County. The parties agree to work cooperatively and promptly in this circumstance to make necessary funding available to keep the Nordic Program operating while budget revisions are processed in accordance with the applicable budget protocols. 6. The City and County agree that the County shall accept title to all snowcats purchased in accordance with this Agreement. The County agrees to provide said equipment to the City in order to develop,groom,and maintain the Nordic Trail System and for related uses for and on behalf of the City and the County. The City shall maintain all equipment leased or purchased for the Nordic Program to acceptable and reasonable standards. 7. The City and County recognize that there are mutual benefits to the acquisition of certain shared vehicles,and that when appropriate, snowmobiles,trucks,cars, trailers,and tractors may be purchased through a cost share agreement as defined in the budget process previously described in section 2. In these cases,the City or the County may take title depending on the predominant user of the vehicle. If this agreement is terminated all shared equipment will be prorated and the title owner of the shared equipment will reimburse the other party. The foregoing Agreement is approved by the Board of County CommiAioners of Pitkin County,Colorado at its regular meeting held on the g'44 day of iiteadfifixe y, 2015. The foregoing Agreement is approved by the Aspen City Council at its regular meeting held on the /9 day of bt(.e Signatures on the following page: 089-2015 4 Resolution... -2015 Page 4 of 5 • (''' \ In witness whereof the parties hereto have caused this agreement to be executed as of the .;,.,.' day..,ano)iqpt first written. • BOARD.OF COUNTY COMMISSIONERS OF STKIN COUNTY: " ' • ' .ST: ' BOARD OF COUNTY COMMISSIONERS l''''. // ' ' /-•' . . - . Al:. 'Ai, If , __, ' ' B1: <'...kitfr,s1 .h• add Jf i-Itte Jones ' 1.:- StevehFiChild Chair De. ty bituity Cler . • . : , Date: 12J ?,/Ix /5'.-- , APPROVED AS TOFORM' •MANAPERAPP r 4 ' L ._. - .. citi Pe;":661c*;. --iiiiiity Manage', - , ' Dale ill,Dir5etOr ( Open Space and Trails -. ',) ATTEST ASPE Tryik -0) ,..,. \ oyp. 4, :A iiiti.iili. . By City of Aspen Clerk • _Steve-SkadroP,MaY.. - • Date__________ APPROVED AS TO FORM MANAGER APPROVAL A, P f tfiko4p , >lii:e •7!4:vi:L.,:' ie.- i, ,.! .s,City of Aspen Parks and Steve Barwick,City Manager Recreation Manager / 7.7...._7,., ,. ,4:rferi:00,•City-Of Aspen Attprin • _ - ,,...,..), 089-2015 5 • Resolution -2015 RESOLUTION#141 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY REGARDING THE NORDIC PROGRAM OPERATIONAL FUNDING AND MANAGEMENT. WHEREAS, there has been submitted to the City Council an intergovernmental agreement for the continued operation and funding of the Nordic ski trails program between the City of Aspen and the Board of County Commissioners of Pitkin County, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the intergovernmental agreement for the Nordic program operational funding ( and management between the City of Aspen and the Board of County Commissioners of Pitkin County,a_copy_of which isannexed hereto and incorporated herein, and does hereby authorize the City Manager and Mayor to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPT_136-y th- •ity Coun it the City of Aspen on the 146 day of December 2015. ® Steven Skadron, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,Colorado, at a meeting held, December 14, 2015. r W/14 ►J/,. inda Manning,Ci y Clerk